Patio Height H&S?

marbella

My mum lives in a council bungalow and the council came and put some paving down to form a small patio. They have built it up so that there is a drop of about 2 feet onto the grass and the washing line stretches out across this. Last week she was putting her washing on the line and fell off the edge of the patio and onto her shoulder and dislocated it, she needed to stay in hospital as it took a big effort to put her shoulder back into its socket. I am having a lot of passing back and forth from the council trying to get some sort of barrier installed so she doesn't fall off it again and was wondering if I had a good case as I am sure it is against health and safety to leave it in such a dangerous condition for an eldery person. Any advice would be appreciated and I will ring the council and voice my concerns.

bobhawke

I believe steps should be no higher than 9" with 6" being the norm. They should have also had some sort of barrier around it.

ormus

you better get onto cornwall council too, and tell em to fence off all of their coastline.
just in case some elderly person steps over the edge.

System

if the drop is less than 600mm there is no need for a handrail/barrier, if it's bigger than that there should be a guard...

iamcornholio

Normally a landlord (the council) is not responsible for rear paths and patios. However, the council seem to have bought liability upon themselves by forming this patio, and creating a hazard. A bit silly of them

The council has a duty of care to ensure that any work they do is done properly, and safely. If your mother is elderly, then the duty is greater and more onerous. By forming an area with a unprotected drop, from which a person can fall is creating a hazard. There are no specific regulations for this type of work, however the council would have a duty under common law in negligence.

Firstly, your mother should make a formal complaint, as most councils have to deal with this in a certain time period. Your outcome should be to get the area made safe - altering ground levels or fitting a guard

At the same time, or after, your mother may like to consider writing a letter to the councils insurance section (address it to the Chief Executive), and outline the details and specifically allege negligence and say why you think the council were at fault (ie they created the fall hazard) and request compensation - otherwise advise that you will engage a Solicitor.

There is nothing wrong with you going straight to a Solicitor now, and they will be more than happy to take this up on a "no-win, no-fee" arrangement. But, they will get more in fees than your mother will in compensation, and the council will incur their own costs too. So you may like to give them the opportunity to settle any claim directly with you rather than paying third party vulture Solicitors.

marbella

Thanks 'iamcornholio', I am now going to compose a letter to the local council and see where that takes me.

System

is the house on a slope? assuming there must have always been a drop between a door and the ground outside unless they have levelled off a slope... i would imagine that if there has always been steps into the garden the council have actually improved the garden for the old lady as she will now have access to a paved area instead uneven soft ground, it's very bold to try and sue the council since she is living in a property supplied by the council, i would think that this course of action won't go down well....